COMMERCIAL TERMS AND CONDITIONS
EMKO Case, a.s. trade company
Registered address at Řípská 11f, Brno-Slatina, PSC 627 00
and the Brno-Slatina plant facility at Řípská 11f, Brno-Slatina, PSC 627 00
Registration No.: 25558030
The company registered in the Commercial Register maintained by the Regional Court in Brno in section B and file 9224 for trading goods via the online E-shop located at the www.emko.cz Internet address
INTRODUCTORY PROVISIONS
1.1. These Commercial Terms and Conditions (Hereinafter just "Terms and Conditions") of EMKO Case, a.s. trade company, registered address at Řípská 11f, 627 00 Brno, registration no.: 25558030, registered in the Commercial Register maintained by the Regional Court in Brno in section B and file 9224 (Hereinafter just "Seller"), govern, in compliance with provisions in Para 1751 Clause 1 of Act No. 89/2012 Coll., the Civil Code (Hereinafter just "Civil Code"), rights and obligations of the Contracting Parties ensuing from or based on the purchase contract (Hereinafter just "Purchase Contract") concluded between the Seller and another individual (Hereinafter just "Buyer") through the Seller's Internet E-shop. The Seller operates the Internet E-shop at the website located at the www.emko.cz Internet address (Hereinafter just "Website") through the webpage interface (Hereinafter just "E-shop Web Interface").
1.2. The Terms and Conditions shall not cover cases when the person that intends to buy goods from the Seller is the legal person or the person acting in ordering the goods within its regular business or within its sole business performance.
1.3. Provisions different from those provided in the Terms and Conditions may be agreed in the Purchase Contract. Different arrangements in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions shall be the integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions shall be drawn up in Czech. The Purchase Contract shall be optionally drawn up in Czech.
1.5. The Seller shall be entitled to change or amend the wording of the Terms and Conditions. This provision shall not affect the rights and obligations established during the effectiveness of the previous version of the Terms and Conditions.
USER ACCOUNT
1.6. Based on the Buyer's registration made through the Website, the Buyer shall be enabled to access its user interface. From its user interface, the Buyer shall be enabled to order goods (Hereinafter just "User Account"). Should the E-shop Web Interface allow that, the Buyer shall also be entitled to order goods without registration directly from the E-shop Web Interface.
1.7. When registering on the Website and ordering goods, the Buyer shall be obliged to provide all data correctly and truly. The Buyer shall be obliged to update the data provided in the User Account any time it changes. The Seller shall consider the data provided by the Buyer in the User Account and in ordering goods as correct.
1.8. The access to the User Account shall be secured by the user name and password. The Buyer shall be obliged to keep silent about information needed for accessing its User Account.
1.9. The Buyer shall not be entitled to allow third persons to make use of the User Account.
1.10. The Seller shall be entitled to cancel the Buyer's User Account primarily when the Buyer have not been using its User Account for more than 24 months, or when the Buyer violated its obligations ensuing from the Purchase Contract (incl. the Terms and Conditions).
1.11. The Buyer shall acknowledge that its User Account may not be accessible all the time primarily due to necessary maintenance of the hardware and software equipment of the Seller, or, if need be, due to the necessary maintenance of the hardware and software of third persons.
PURCHASE CONTRACT CONCLUSION
1.12. All the goods presentation provided in the E-shop Web Interface shall be just for information, and the Seller shall not be obliged to conclude a specific contract for these particular goods. The provision in Para 1732 Clause 2 of the Civil Code shall not be applied.
1.13. The E-shop Web Interface shall provide information on the goods along with prices for single articles. The prices of single articles shall be provided with VAT and all applicable fees and charges. The prices shall be valid for the period when shown in the E-shop Web Interface. This provision shall not limit the Seller's option to conclude the Purchase Contract under individually agreed terms and conditions.
1.14. The E-shop Web Interface shall also provide information on costs related to packing and delivering the goods. Information on costs related to packing and delivering the goods provided in the E-shop Web Interface shall only be applicable for the goods delivered within the Czech Republic under terms and conditions specified below in Clause 1.21.
1.15. To order the goods, the Buyer shall complete the order form available on the E-shop Web Interface. The order form includes in particular information on the followings:
1.15.1. The goods ordered (the Buyer shall "put" the goods ordered in the electronic shopping basket of the E-shop Web Interface),
1.15.2. The goods purchase price payment method, and information on the ordered goods delivery method, and
1.15.3.- Information on the goods delivery-related cost (Hereinafter jointly just "Order").
1.16. Prior to sending the Order to the Seller, the Buyer shall be entitled to check and edit the Buyer's data provided in the Order; even with regard to the Buyer's option to identify and correct mistakes incurred when entering data in the Order. The Buyer shall send its Order to the Seller by clicking the "Send order" pushbutton. The Seller shall consider the data provided by the Buyer as correct. Immediately after receiving the Order, the Seller shall confirm such receipt to the Buyer by electronic mail to the Buyer's electronic mail address provided in the User Interface or in the Order (Hereinafter just "Buyer's Electronic Address").
1.17. The Seller shall always be entitled to ask the Buyer for subsequent confirmation of the Order (for example in writing or by phone) depending on the nature of the Order (goods quantity, purchase price, or expected transport cost).
1.18. The contractual relationship between the Seller and the Buyer shall be established by delivering the acceptance of the Order the Seller shall send to the Buyer via electronic mail to the Buyer's Electronic Address.
1.19. The Buyer shall agree with using remote communication means when concluding the Purchase Contract. The Buyer shall cover the Seller's cost incurred when using remote communication means in connection with concluding the Purchase Contract (Internet connection cost, phone calls cost) whereas this cost shall not differ from the base rate.
GOODS PRICE AND PAYMENT TERMS ANS CONDITIONS
1.20. The Buyer shall opt for paying the goods price and contingent costs related to the goods delivery according to the Purchase Contract as follows:
- Cash in the plant facility at Řípská 11f, 627 00 Brno;
- Cash on delivery at the location specified by the Buyer in the Order;
- Direct deposit to the Seller's account no. 191259882/0300 managed by CSOB, a.s. (Hereinafter just "Seller's Account");
- Direct deposit via the PayPal payment system;
- Direct deposit via the credit card
1.21. Along with the purchase price, the Buyer shall further be obliged to compensate the Seller for any costs related to the goods packing and delivery. Unless expressly stated otherwise, the purchase price shall be understood as including the goods delivery costs. The transportation cost provided on www.emko.cz websites shall apply for 1 parcel unit not exceeding the overall weight of 30 kg and/or the size of 55x51x33 cm, or such a goods volume that could be put in the parcel of that size. In connection with what is said above, the Seller shall reserve the right to adjust the goods delivery-related cost depending on the ordered goods quantity. The final amount of transportation charges shall always be submitted to the Buyer for approval within the Order confirmation sent by the Seller.
1.22. The Seller shall not require from the Buyer any advance payment or any similar pre-payment. This shall not affect the provision of Clause 1.25 in the Terms and Conditions regarding the obligation to pay the goods contractual price in advance.
1.23. In case of cash payment or cash delivery payment, the purchase price shall be payable at the goods delivery. In case of direct deposit payment, the purchase price shall be payable within 7 days from the Purchase Contract conclusion.
1.24. In case of direct deposit payment, the Buyer shall be obliged to make the payment for the goods purchase price along with the respective payment variable symbol. In case of direct deposit payment, the Buyer's obligation to pay the purchase price shall be completed when the respective amount is deposited on the Seller's bank account.
1.25. The Seller shall be entitled, particularly when the Buyer did not confirm the Order to the sufficient extent (Article 1.17), to require payment of the entire purchase price before sending the goods to the Buyer. The provision in Para 2119 Clause 1 of the Civil Code shall not be applied.
1.26. Contingent goods purchase price discounts provided by the Seller to the Buyer shall not be mutually combinable.
1.27. If usual in the business practice or stipulated in generally binding regulations, the Seller shall issue to the Buyer the respective tax document (invoice) regarding payments ensuing from the Purchase Contract. The Seller shall be the VAT payer. The Seller shall issue to the Buyer the tax document (invoice) once the goods purchase price is properly paid, and shall send the document in electronic form to the Buyer's Electronic Address.
PURCHASE CONTRACT CANCELLATION
1.28. The Buyer shall acknowledge that pursuant to provision in Para 1837 of the Civil Code the Purchase Contract for delivering goods cannot be, among others, cancelled when the goods were modified according to the Buyer's wish or for its person; the goods ordered were prone to fast decay; the goods were irreversibly mixed with other goods once delivered; the goods were delivered in a closed package from which the Buyer removed the goods and the goods cannot be put back for hygienic reasons; or when an audio or video recording or a computer programme was delivered and the Buyer damaged its original package.
1.29. In cases other than those defined in Clause 1.28 or other ones when the Purchase Contract could not be cancelled, the Buyer shall, pursuant to provision in Para 1829 Clause 1 of the Civil Code, be entitled to cancel the Purchase Contract within fourteen (14) days from accepting the goods whereas in case when the Purchase Contract covers several kinds of goods or delivery of several parts, the time for cancelling shall start once the last goods delivery is accepted. The Buyer shall be obliged to sent its Purchase Contract cancellation within the time period stipulated in the previous sentence. The Buyer shall opt to send its Purchase Contract cancellation, among others, to the address of the Seller's plant facility or to the Seller's electronic mail address - info@emko.cz.
1.30. In case the Purchase Contract is cancelled pursuant to Clause 1.29 of the Terms and Conditions, the Purchase Contract shall be cancelled from the beginning. The goods shall have to be returned to the Seller within fourteen (14) days from the Purchase Contract cancellation by the Buyer. Should the Buyer cancel the Purchase Contract, the Buyer shall be obliged to cover all the cost related to the goods return to the Seller even when the goods cannot be returned through the usual postal service due to their nature.
1.31. In case the Purchase Contract is cancelled pursuant to Clause 1.29 of the Terms and Conditions, the Seller shall return the money accepted from the Buyer within fourteen (14) days from the Purchase Contract cancellation by the Buyer the same way the Seller accepted the money. The Seller shall also be entitled to return the money provided by the Buyer already at the time the goods is returned by the Buyer, or in another way as long as the Buyer agrees and no other cost incur to the Buyer. Should the Buyer cancel the Purchase Contract, the Seller shall not be obliged to return the money accepted to the Buyer before the Buyer returns the goods to the Seller, or proves that the goods were dispatched to the Seller.
1.32. The Seller shall be entitled to include unilaterally the title for compensation for the damage caused to the goods against the Buyer's entitlement for the purchase price return.
1.33. The Seller shall be entitled to cancel the Purchase Contract at any time before the Buyer returns the goods. In such a case, the Seller shall return the purchase price to the Buyer without any unnecessary delay via the direct deposit on the bank account specified by the Buyer.
1.34. If the Buyer is provided with a gift along with the goods, the deed of gift between the Seller and the Buyer shall be concluded with the condition subsequent stating that in case the Buyer cancels the Purchase Contract, the deed of gift for such a gift shall lose obligatory force and the Buyer shall be obliged to return the goods along with the gift provided.
GOODS TRANSPORT AND DELIVERY
1.35. If the method of transport is agreed on the basis of the Buyer's special request, the Buyer shall bear the risk and any additional costs, if any, related to such a method of transport.
1.36. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer shall be obliged to take over the goods upon delivery.
1.37. If it is necessary to deliver the goods repeatedly or otherwise than specified in the Order for reasons on the Buyer's side, the Buyer shall be obliged to settle the costs related to repeated delivery of the goods or the costs related to another method of delivery.
1.38. Upon take-over of the goods from the carrier, the Buyer shall be obliged to check the integrity of the goods packaging, and in case of any defects to report such defects to the carrier immediately. If the integrity of the packaging is broken, showing unauthorised penetration into the consignment, the Buyer shall not be obliged to take over the consignment from the carrier.
1.39. Other rights and obligations of the Contracting Parties in transporting the goods may be regulated by the Seller's special delivery terms if provided.
FAULTY PERFORMANCE RIGHTS
1.40. Respective generally binding regulations (primarily the provisions of Para 1914 to 1925, para 2099 to 2117, and Para 2161 to 2174 of the Civil Code) shall govern the right and obligations of the Contracting Parties regarding the faulty performance.
1.41. The Seller shall be responsible to the Buyer that the goods is free of defects when accepted. The Seller shall be specifically responsible to the Buyer that the goods at the time of the Buyer's acceptance
1.41.1. Have the properties agreed upon between the Contracting Parties; if such an agreement is missing, the goods have the properties the Seller or the manufacturer described, or the Buyer expected with regard to the goods nature and based on ads of the Seller and the manufacturer;
1.41.2. Are suitable for the purpose the Seller presents for their use, or the purpose the goods of this kind is usually used for;
1.41.3. Correspond with their quality or design to the agreed upon sample or model, if the quality or design had follow the agreed upon sample or model;
1.41.4. Are the goods corresponding with respect to the quantity, size or weight; and
1.41.5. Comply with requirements of respective legal regulations.
1.42. Provisions stipulated in Clause 1.41 of the Terms and Conditions shall not be applied to the goods sold for a lower price due to a defect or wear and tear caused by the regular use for which the lower price has been agreed; to the used goods for a defect corresponding to the use and wear and tear rate the goods already shown when accepted by the Buyer, or if implied by the goods nature.
1.43. Should the defect show itself within six months from the acceptance, the goods shall be deemed defective already at the acceptance.
1.44. The Buyer shall exercise the faulty performance right at the address of the Seller's plant facility in which the complaint is possible with regard of the sold goods assortment, or, as the case may be, at the Seller's registered address or in the business location. The moment when the Seller receives the goods under complaint shall be deemed the complaint lodgement moment.
1.45. The Sellers rules of complaints shall also be applicable for governing other rights and obligations of the Contracting Parties regarding the Seller's responsibility for defects.
CONTRACTING PARTIES' OTHER RIGHTS AND OBLIGATIONS
1.46. The Buyer shall possess the goods after paying the goods whole purchase price.
1.47. In relation to the Buyer, the Seller shall not be bound by any code of conduct in terms of provisions in Para 1826 Clause 1 Letter e) of the Civil Code.
1.48. The Seller shall arrange for out-of-court settlements of consumers' complaints via the electronic mail address - info@emko.cz. The Seller shall send information on the Buyer's out-of-court complaint settlement to the Buyer's Electronic Address.
1.49. The Seller shall be entitled to sell the goods in virtue of the business licence. The relevant Trade and Licensing Office shall perform the necessary occupational licence inspections. The Office for Personal Data Protection shall supervise the personal data protection area. The Czech Trade Inspection Authority shall supervise, within the defined extent and among others, the adherence to Act No. 634/1992 Coll. on consumer protection, as amended by later regulations.
1.50. The Buyer hereby assumes the risk of circumstances change in terms of Para 1765 Clause 2 of the Civil Code.
PERSONAL DATA PROTECTION
1.51. Act No. 101/2000 Coll., on personal data protection, as amended by later regulations, shall provide protection to personal data of the Buyer as the individual (physical person).
1.52. The Buyer shall agree with processing of its personal data as follows: The first and last name (surname), residential address/mailing address, identification number, tax identification number, electronic mail address and the phone number (Hereinafter jointly just "Personal Data").
1.53. The Buyer shall agree with the Seller's processing of the Personal Data for reasons of exercising the rights and enforcing the obligations ensuing from the Purchase Contract, and for reasons of maintaining the User Account. The agreement with Personal Data processing in the full extent according to this Clause shall not be the condition that would by itself preclude the Purchase Contract from concluding.
1.54. The Buyer shall acknowledge its obligation to provide the Personal Data (upon registration, in its User Account, in placing orders via the E-shop Web Interface) correctly and truly and to inform the Seller about any changes in the Personal Data without any unnecessary delay.
1.55. The Seller shall be allowed to entrust a third party as the processor with the Personal Data processing. Except persons transporting the goods, the Seller shall not provide third parties with the Personal Data without the Buyer's previous consent.
1.56. The Personal Data shall be processed for an indefinite period of time. The Personal Data shall be processed in its electronic form in an automatic system, or printed in a non-automatic way.
1.57. The Buyer shall confirm the provided Personal Data is correct and accurate, and acknowledge the Personal Data is provided consentingly.
1.58. Should the Buyer feel that the Seller or the processor (Refer to Clause 1.55) uses the Personal Data contrary to the rules describing the protection of private and personal life, or contrary to the law, in particular if the Personal Data is inaccurate with regard to the processing purposes, the Buyer shall be entitled:
1.58.1. To ask the Seller or the processor for explanation;
1.58.2. To require the Seller or the processor to rectify such a situation.
1.59. If the Buyer requests the Seller to explain and describe the actual method used to process the Personal Data, the Seller shall be obliged to provide the Buyer with such information. The Seller shall be entitled to ask for a reasonable compensation for information provided according to the previous sentence; however, this compensation shall not exceed the costs required for providing the information.
BUSINESS COMMUNICATION DISPATCH AND COOKIES STORAGE
1.60. The Buyer shall agree with sending information related to the Seller's goods, services or company to the Buyer's Electronic Address and with Byuer's sending commercial communications to the Buyer's Electronic Address.
1.61. The Buyer shall agree with storing the so-called "cookies" in its computer. In case the purchase on the Website can be executed and the Seller's obligations ensuing from the Purchase Contract fulfilled without storing the cookies in the Buyer's computer, the Buyer shall be entitled to revoke its consent according to the previous sentence at any one time.
COMMUNICATION
1.62. Communication with the Buyer shall be made either to the Buyer's Electronic Address stated in its User Account, or to the electronic mail address stated in the Buyer's Order.
FINAL PROVISIONS
1.63. If the relationship based on the Purchase Contract includes an international (foreign) element, the Contracting Parties shall agree the Czech law be governing the relation. This is without prejudice to the Buyer's rights resulting from generally binding legal regulations.
1.64. If any provision of the Terms and Conditions is or becomes invalid or ineffective, a new provision shall be applied instead of the invalid provision the meaning of which is as close as possible to the meaning of the invalid provision. Invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Any changes in or amendments to the Purchase Contract or the Terms and Conditions shall be made in writing.
1.65. The Purchase Contract including the Terms and Conditions shall be archived in the electronic form and not accessible.
1.66. The Seller's contact information: Mailing address: EMKO Case, a.s., Řípská 11f, 627 00 Brno; E-mail address: info@emko.cz; phone: +420 545 217 440.
In Brno on 25 January 2016